How a Defense Lawyer Approaches Assault and Battery Cases

If you've been charged with assault or battery, you're likely anxious, confused, and unsure of what to do next. These charges are serious — and a conviction can result in jail time, fines, and a permanent criminal record. But not all assault cases are the same, and a skilled criminal defense lawyer knows how to build a strategy tailored to your unique situation. Hire a professional assault lawyer in Philadelphia.

In this post, I'll break down how an experienced defense attorney approaches assault and battery cases — from investigation to courtroom defense. As a criminal defense attorney with over 30 years of experience, I’ve handled numerous assault cases.

Understanding Assault and Battery Charges

Law doesn’t actually use the term "battery" as a separate charge — it’s typically grouped under assault. The two most common charges are:

• Simple Assault (18 Pa.C.S. § 2701) – A misdemeanor that includes attempting to cause or recklessly causing bodily injury.

• Aggravated Assault (18 Pa.C.S. § 2702) – A felony, often involving serious bodily harm, use of a weapon, or assault on protected individuals like police or teachers.

Step 1: Examining the Facts and Police Report

The first thing your attorney will do is conduct a thorough review of:

• The police report

• Any witness statements

• Body cam footage (if available)

• Medical records of alleged injuries

This initial investigation helps determine whether the charges are supported by real evidence — or if they’re exaggerated or baseless.

Step 2: Identifying Key Legal Defenses

Every case is different, but common legal defenses assault cases include:

• Self-defense – If you reasonably believed you were about to be harmed, you may be justified in using force.

• Defense of others – Protecting someone else under threat of harm.

• Lack of intent – Especially important in “reckless” or accidental incidents.

• False accusation – Sadly, assault charges are sometimes filed out of spite or emotion, not fact.

An experienced attorney will build a defense that fits the evidence and narrative — not just rely on a generic explanation.

Step 3: Evaluating Alternative Outcomes

Not every assault case has to go to trial. Your lawyer may explore:

• Diversion programs (available in some counties for first-time offenders)

• Plea bargains that reduce or dismiss certain charges

• Anger management or counseling as part of sentencing negotiations

These options can preserve your record and protect your future.

Step 4: Preparing for Trial (If Necessary)

If your case goes to trial, your defense attorney will prepare by:

• Selecting the right jury strategy

• Filing motions to suppress illegal evidence

• Challenging the credibility of witnesses

• Presenting your side of the story clearly and persuasively

Assault trials often come down to who seems more believable — your attorney’s job is to make sure your version is heard and supported.

Facing Assault Charges? Don’t Wait.

If you’ve been charged with assault, whether it’s simple or aggravated, it’s critical to speak with a criminal defense lawyer as soon as possible. The earlier your attorney gets involved, the better your chances of protecting your rights, your record, and your future. For other serious cases, I can represent you as a rape defense lawyer in Philadelphia.

At Mark D. Hauser, Attorney at Law, I have years of experience handling assault charges across the state. I know how the system works and how to fight for the best possible outcome. Contact me today for a confidential consultation.